RUFE v. ST BARNABAS HOSP.


87 Misc.2d 583 (1976)

Naomi Rufe et al., Plaintiffs, v. St. Barnabas Hospital et al., Defendants.

Supreme Court, Special Term, Nassau County.

July 30, 1976


Attorney(s) appearing for the Case

Shayne, Dachs, Weiss, Kolbrener, Stanisci & Harwood for plaintiffs. Smith, Griffin & Scully for St. Barnabas Hospital, defendant. Bower & Gardner for Avery Laboratories, Inc., defendant. Anthony L. Schiavetti for Leon Gibbs and another, defendants.


BERNARD F. McCAFFREY, J.

The threshold question in this matter is, whether, since the decision of Dole v Dow Chem. Co. (30 N.Y.2d 143), a codefendant is now entitled to a bill of particulars from a cross-claiming defendant. The plaintiffs have instituted suit against these named defendants, and others, alleging that due to defects in the neurostimulator manufactured...

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